For the Latest Immigration and Visa alerts please visit www.immi.gov.au
What’s New for Employer-Sponsored Workers
Changes to Subclass 457 Occupations
From 15 May 2009, Australian Standard Classification of Occupations (ASCO) 5-7 can no longer be nominated under the Subclass 457 Standard Business Sponsorship (SBS) arrangements.
If an employer is interested in employing a temporary overseas worker in ASCO 5-7 occupations they may seek to access a labour agreement by emailing the Labour Agreement Section.
English language requirement – Subclass 457 visa program
On 14 April 2009 the English language requirement for Subclass 457 – Business (Long Stay) visa applicants increased from an IELTS (International English Language Testing System) score of 4.5 to 5. This requirement applies to people making a subclass 457 application on or after 14 April 2009 and, for the first time, applies to people applying as chefs or head chefs (ASCO 3322-11 or 3322-01).
General Skilled Migration (GSM) Reforms
Changes to GSM English language requirement for trade occupations
The English language requirement for GSM applicants nominating a trade occupation will be increased to a minimum of 6.0 (Competent English) in each of the four components of the International English Language Testing System (IELTS) test. This increase in the IELTS score brings the English language requirement for trade occupations in line with other occupations for GSM visas, with trade occupations previously exempt from GSM changes introduced in September 2007.
For the provisional GSM visa subclasses, the threshold English language standard will be raised from an average score of IELTS 5.5 to an average score of IELTS 6. The change will affect applicants for the subclass 475 Offshore Skilled – Regional Sponsored and subclass 487 Onshore Skilled – Regional Sponsored Visa.
The increased English language requirement will apply to all new offshore GSM applications lodged after 1 July 2009 with Australian Standard Classification of Occupations (ASCO) Level 4 nominated trade occupations.
The increased English language requirement for onshore GSM applicants will apply from 1 January 2010.
Australian Immigration Alert
September, 2008
TEMPORARY RESIDENCE VISAS subclass 457
MINIMUM SALARY LEVEL TO INCREASE on AUGUST 1, ‘08
IMPORTANT REMINERS …
LONG STAY BUSINESS VISA SPONSORSHIP OBLIGATIONS
As a Standard Business Sponsor: Please take time to review the following essential information.
In providing this information Expat International emphasises that it is crucial for all Business Sponsors to comply with the Undertakings they sign upon application for Standard Business Sponsor status.
MAINTAINING MINIMUM SALARY LEVELS
The figures below apply until 31 July 2009, for all employees on your payroll who hold Subclass 457 Temporary Residence (Long Stay Business) Visas.
AUSTRALIAN
WORKPLACE
LOCATION
POSITION
CATEGORY
CURRENT MSL
(Gross)
HOURLY GROSS MSL
Metropolitan –
* Melbourne
* Perth
* Sydney
* Wollongong
* Newcastle
* Brisbane
General
IT & Communics
$43,440
$59,480
$21.98
$30.10
Regional –
* All areas not listed above
General
IT & Communics
$38,100
$53,530
$19.28
$27.09
Note:
* If an Industrial Award or Agreement prescribes a higher salary level than the MSL, the higher salary must be paid in accordance with Australian law
* As different MSL criteria apply to Regional appointments, and those positions requiring English language exemption, Expat will advise you separately as required, on these exceptions
* The stipulated minimum annual salary is: base salary only, plus amounts that are FBT exempt. The base salary must not reflect any benefits or allowances, including but not limited to: Housing, LAFHA, Superannuation, Bonus, or Commissions
* In complying with DIAC’s stringent monitoring requirements, every 457 visa holder’s pay slip must indicate that the employee has received the minimum hourly rate as prescribed by DIAC or the relevant Industrial Award (which ever is higher) for at least 38 hours per week over the given pay period (per week, fortnight or month)
The MSL cannot be averaged on an annual basis
* If the employee has worked less than 38 hours per week within the given pay period, the employer is obliged to pay the minimum hourly rate, or the hourly rate as prescribed by the relevant Industrial Award (which ever is higher) to a total of 38 hours per week within that period
* If the employee has worked more than 38 hours per week within the pay period, the employer is obliged to pay the minimum hourly rate, or the hourly rate as prescribed by the relevant Industrial Award for all hours worked within that period (including if time and a half or double time applies)
When are these obligations in effect??
The employer’s obligations as signed on the SBS application, relative to assignment commencement, payment of minimum base salary, and medical insurance for a 457 visa holder are:
Employment Commencement is Deemed to Have Occurred …
* From date of grant of 457 visa: If the visa was granted while the holder was onshore in Australia (eg: transferring from a previous sponsor, or from another class of visa), or
* From date of arrival in Australia: If visa holder was overseas at time of grant
Minimum Salary Level (MSL)
* No later than 14 days after arrival in Australia: MSL payments must commence no later than 14 days after arrival in Australia if the 457 visa holder was overseas at time of grant
Private Medical Insurance
* Private Medical insurance is required for all 457 visa applicants who are not eligible for Australia’s Medicare cover. Expat can advise on options.
While Employment is in Effect
* Within Ten Business Days: The employer is required to notify DIAC of any significant change in the 457 visa holder’s Position Description or Job Title. Expat will advise DIAC, upon the sponsor’s written authority.
Employment Completion
* Within Ten Business Days following date that employment ceased, the employer must notify DIAC in writing of completion date.
* 28 days after date of last day of employment and employer’s relevant notification to DIAC: DIAC will cancel 457 visa for employee and visa’d dependants
The employer must continue to pay MSL or Industrial Award rate (which ever is higher), and remain responsible for maintaining medical insurance for the employee and visa’d dependants until which ever of the following three events occurs first …..
* 28 days after date of notification to DIAC of completion of employment, OR
* Until the sponsored 457 holder obtains another substantive visa, OR
* Until a time which is previous to the prescribed 28 days (after ceasing employment as notified in writing to
DIAC), that the sponsored 457 holder and visa’d dependants have departed Australia permanently …
DIAC conducts periodic announced, or unannounced, site visits to all sponsoring employers to inspect their employment records of 457 visa holders. If records are deficient the sponsor can face up to 5 years’ barring from sponsorship privileges, depending on severity of the deficiencies.
Each Sponsoring employer is required to keep a comprehensive range of employment-related records which comply with existing Commonwealth, State and Territory laws. To prevent action being taken against employers, they should be prepared for DIAC monitoring by maintaining, and regularly managing, procedures that reveal information of the required detail as described above.
Expat emphasizes that it is the sponsoring employer’s responsibility to definitively arrange the employee’s and accompany dependants’ timely repatriation from Australia, and to request Expat within 5 business days of date of last day of employment, to notify DIAC. This is an important component of maintaining a faultless record with DIAC as a responsible, compliant business sponsor.
Failure to do so exposes the employer to the immense potential for DIAC’s sanctions.
We urge you to maintain careful vigilance on all aspects of the undertakings that you have legally agreed to in becoming a Business Sponsor.
Expat maintains a VisaWatch database which generates 3 alerts to the Sponsoring employer at one-monthly intervals prior to expiry of a 457 visa.
We are encountering frequent responses to these alerts that the holder has already left the sponsoring company’s employment several months, or even years, earlier.
Examples of scenarios that could seriously impact on the sponsoring employer who has not advised DIAC within the mandatory 5 business days after completion of the visa holder’s employment are:
* Although the 457 holder may have departed Australia, he or she remains eligible for MSL or Industry award payment (which ever is greater) until 28 days after the date of notification to DIAC, of last date of employment
* The 457 holder could have departed, and later returned on the same sponsored 457 visa to work as a consultant, eg: working on his or her own, but technically still under the auspices of the sponsor. The sponsoring employer in addition to exposure to paying MSL or Industry award as described above, is responsible for costs to the Australian Federal Government incurred by the past-employee and visa’d dependants for public health and other charges incurred by the 457 holder
Under the foregoing scenarios:
* DIAC can hold the employer responsible for making back-dated MSL or Industrial Award salary payments to the visa holder until 28 days after date of notification to DIAC, of completion of employment
* The sponsoring employer may be liable for up to $60,000 fine and barred from Sponsorship status for up to 5 years
* The 457 visa holder and / or visa’d dependants could have become seriously ill or injured. If public health costs were incurred, they are the employer’s responsibility
These undertakings are a part of Immigration Law, with which Sponsors must comply.
Expat’s next Newsletter will address aspects of other important 457 visa sponsor obligations.
Margaret McCartney
MARN 9904656
Since 1987 Expat International’s Visa Division has served Australian companies and multi-nationals in the management and acquisition of their Australian and global visa requirements.
Additionally, Expat is an independent relocation management consultancy operating throughout Australia, and in New Zealand and London, with established networks worldwide.
Expat’s combined delivery of in-house visa and relocation activities provides the advantage of a unique and value-add service for your company, and has proven to streamline employee transfer schedules both inbound and outbound.
We welcome discussion with you to arrive at best-possible solutions for your Australian or Global Visa and relocation issues, and look forward to doing so.
Australian Immigration Update
May, 2008
TEMPORARY RESIDENCE VISAS subclass 457
MINIMUM SALARY LEVEL TO INCREASE on AUGUST 1, ‘08
The Minister for Immigration and Citizenship has announced a 3.8% increase to the Minimum (Annual Base) Salary Levels (MSL’s) applicable to Temporary Residence visa holders.
Importantly, this increase not only applies to new temporary skilled migrants coming to work in Australia, but also to those already in the workforce as 457 holders.
AUSTRALIAN
WORKPLACE
LOCATION
POSITION
CATEGORY
CURRENT MSL
(Gross)
NEW GROSS MSL
Effecttive 1.8.08
Metropolitan –
* Melbourne
* Perth
* Sydney
* Wollongong
* Newcastle
* Brisbane
General
IT & Communics
$41,850
$57,300
$43,440
$59,480
Regional –
* All areas not listed above
General
IT & Communics
$37,665
$51,570
$38,100
$53,530
Note:
* If an Industrial Award or Agreement prescribes a higher salary level than the MSL, the higher salary must be paid according to Australian law.
* The stipulated minimum annual salary cannot reflect any benefits or allowances, including housing, LAFHA, Superannuation, Bonus, or Commissions.
The Department of Immigration’s Monitoring program will continue to stringently monitor 457 holders’ salary payments, and directly contact employer sponsors affected by this change prior to August, 2008.
The Department will also conduct a campaign to inform existing visa holders of the change.
WILL BE PLEASED TO ANSWER YOUR QUERIES AND GUIDE YOU ON EITHER THE INFORMATION PROVIDED, OR OTHER CONCERNS YOU MAY HAVE.
Margaret McCartney
MARN 9904656
Since 1987 Expat International’s Visa Division has served Australian companies and multi-nationals in the management and acquisition of their Australian and global visa requirements.
Additionally, Expat is an independent relocation management consultancy operating throughout Australia, and in New Zealand and London, with established networks worldwide.
Expat’s combined delivery of in-house visa and relocation activities provides the advantage of a unique and value-add service for your company, and has proven to streamline employee transfer schedules both inbound and outbound.
We welcome discussion with you to arrive at best-possible solutions for your Australian or Global Visa and relocation issues, and look forward to doing so.
NEW CHANGES ……REVISED IMMIGRATION POLICY
April 2, 2008
SHORT STAY AND ELECTRONIC TRAVEL AUTHORITY BUSINESS VISAS
Short Stay Business Visas
The Department of Immigration and Citizenship (DIAC) has announced further revisions to their Policy on Condition 8112.
Condition 8112 states that: ‘The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or Australian permanent resident’.
This is a mandatory condition on the following visa Subclasses (which are not intended as work visas):
* Business Visitor (Short Stay) visa (Subclass 456)
* Sponsored Business Visitor (Short Stay) visa (Subclass 459)
* Electronic Travel Authority (Business Entrant – Long Stay) visa (Subclass 956)
* Electronic Travel Authority (Business Entrant – Short Stay) visa (Subclass 977).
These visas allow business people to enter Australia for purposes such as:
* attending conferences,
* conducting business negotiations,
* undertaking exploratory activities.
Additionally Subclasses 456 and 459 are applicable for short-term work which does not exceed 6 weeks’ duration and meets the following circumstances:
* Highly specialized in nature, and not an ongoing role, or
* An emergency or urgent situation, and not an ongoing role, and
* In Australia’s interest.
A Short Stay Business Visitor’s Visa must not be utilized as a means for immediate travel to Australia, to commence work while applying for a substantive visa such as long-stay Temporary Residence Visa Subclass 457.
Short-stay Business visas remain inappropriate for:
* unskilled or semi-skilled workers, or
* individuals intending to undertake employment activities in Australia for longer than 6 weeks, or on an ongoing basis.
In these scenarios, a long-stay employer-sponsored temporary visa, subclass 457 is required.
EXPAT INTERNATIONAL’S TEAM OF REGISTERED MIGRATION AGENTS WILL BE PLEASED TO ANSWER YOUR QUERIES AND GUIDE YOU ON EITHER THE INFORMATION PROVIDED, OR OTHER CONCERNS YOU MAY HAVE.
Margaret McCartney
MARN 9904656
Since 1987 Expat International’s Visa Division has served Australian companies and multi-nationals in the management and acquisition of their Australian and global visa requirements.
Additionally, Expat is an independent relocation management consultancy operating throughout Australia, and in New Zealand and London, with established networks worldwide.
Expat’s combined delivery of in-house visa and relocation activities provides the advantage of a unique and value-add service for your company, and has proven to streamline employee transfer schedules both inbound and outbound.
We welcome discussion with you to arrive at best-possible solutions for your Australian or Global Visa and relocation issues, and look forward to doing so.